The owner of Erotic World had appealed against the city council’s decision to stop him opening on Sundays – on the grounds that shops in the railway station were exempt from Bavaria’s strict Sunday trading laws.
But this only applies if they sell products that can be considered souvenirs or travel supplies such as food, disposable cameras, newspapers, magazines, books, DVDs, and CDs.
The shop argued in court that it also had such goods on its shelves, even if their content was rather more spicy than what the station’s newsagents had to offer.
“This is the decision of the court … since the above articles can be considered ‘travel supplies,’ regardless of their content,” a court statement issued Wednesday said.
But the judges added that the shop could not sell other erotic items in its range, such as sex toys. In fact, especially sex toys.
Three administrative judges visited Erotic World ahead of the court hearing to inspect the shop’s goods, carefully assessing whether each item might come in handy on a long journey.
Condoms were considered useful enough, but the judges ruled that the old favourite sex game “Erotic Ludo” should still be taboo on the day God has designated the day of rest.
The city authorities also had a legal quibble relating to the shop’s location, since it is actually on private property. But the court dismissed this on the grounds that the shop’s back entrance was in the railway station.